Missing/lost returned parcel, who’s responsible?

Driverinsurrey

Hello, I’m hoping someone maybe able to help. I purchased an item from a sports retailer, it was unsuitable so I organised for it to be returned following their returns policy, a QR code was generated and I returned it via Asda To You, as per their request. I was informed that £3 would be deducted from my refund. It was returned on the 26th July so I contacted them on the 12th August to check whether it had been received as sometimes, courier tracking is not up to date. The company advised that it is yet to arrive and only when it does will I be issued a refund. I would like to know whose responsibility it is if it is lost? I would not normally use this company nor visit Asda as it is some distance from me but I followed the instructions and used the courier of the company’s request. I have since looked into the courier and according to trustpilot reviews, there is a history of parcels going missing. The company insist that I need to chase the courier, which I will not be able to until this weekend and they have no way of contacting them otherwise. Could anyone please advise with this? Thank you in advance.

Undervalued

Who paid for the courier?

If it was the retailer then they are responsible from the moment you handed the parcel over and got some kind of proof of "posting".

If you booked and paid for the courier yourself then you are responsible, although you may have a claim against them if they have lost or damaged the parcel

the_lunatic_is_in_my_head

OP is saying £3 will deducted from the refund so although they are eventually paying for the return it reads as if the retailer is the one paying the courier to begin with.

OP who was the retailer? 

Hoenir

Onus is on you to chase the courier in the first instance. 

m-holland

Hoenir said:

Onus is on you to chase the courier in the first instance. 

OP has no contract with the courier if the return postage was paid by the company

Alderbank

Hoenir said:

Onus is on you to chase the courier in the first instance. 

Just to clarify, what is this onus and what consumer contract does the OP have with the unidentified courier?

'toYou' is a B2B contract for services made between Asda Logistics Services (a commercial business which does not trade with consumers) and dozens of mail order companies. The service utilises Asda's own delivery vehicles and also various third party carriers with whom Asda has B2B contracts.

With regard to returns and refunds the OP has a contract for services with the un-named sports retailer, and that contract is subject to consumer rights regulation.
Provided the OP has complied with the contract terms for a refund as they claim (but which we can't check because we don't know the retailer or what their T&Cs state), the retailer is obliged to fulfil the contract by issuing the refund minus a contractual admin charge of £3.

However I bet those contract terms don't include chasing any vans.

Ergates

Driverinsurrey said:

The company advised that it is yet to arrive and only when it does will I be issued a refund.

The CRA specifically states that companies should not wait for the item to be returned before issuing a refund.

the_lunatic_is_in_my_head

Ergates said:

Driverinsurrey said:

The company advised that it is yet to arrive and only when it does will I be issued a refund.

The CRA specifically states that companies should not wait for the item to be returned before issuing a refund.

Looks like change of mind, if OP is within the cancellation period then refund should be within 14 days of evidence of the goods being sent back as per the CCRs.

Would be handy to know the site (and know when the purchase was) to see if OP is within the cancellation period.

Alderbank said:

'toYou' is a B2B contract for services made between Asda Logistics Services (a commercial business which does not trade with consumers) and dozens of mail order companies. 

But with that in mind, it would appear either way to be the retailer's issue, although that is based on the general principle of

Undervalued said:

If it was the retailer then they are responsible

If you booked and paid for the courier yourself then you are responsible

being correct. 

Okell

I'm not sure the Op exercised their right to cancel under the CCRs?

They say they returned the item per the retailer's own returns policy.

Okell

Ergates said:

Driverinsurrey said:

The company advised that it is yet to arrive and only when it does will I be issued a refund.

The CRA specifically states that companies should not wait for the item to be returned before issuing a refund.

This isn't CRA?